Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB91 Compare Versions

Version 1 (Old)

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31	28		STATE OF OKLAHOMA
32	29
33	30		1st Session of the 60th Legislature (2025)
34	31
35	32		COMMITTEE SUBSTITUTE
36	33		FOR ENGROSSED
37	34		SENATE BILL NO. 91 By: Woods of the Senate
38	35
39	36		and
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41	38		Hardin of the House
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47	44		COMMITTEE SUBSTITUTE
48	45
49	46		An Act relating to law enforcement; amending 70 O.S.
50	47		2021, Section 3311, as last amended by Section 1,
51	48		Chapter 65, O.S.L. 2024 (70 O.S. Supp. 2024, Section
52	49		3311), which relates to the creation of the Council
53	50		on Law Enforcement Education and Training; modifying
54	51		qualifications for the position of Executiv e
55	52		Director; and declaring an emergency.
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61	58		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
62	59		SECTION 1. AMENDATORY 70 O.S. 2021, Section 3311, as
63	60		last amended by Section 1, Chapter 65, O.S.L. 2024 (70 O.S. Supp.
64	61		2024, Section 3311), is amended to read as follows:
65	62		Section 3311. A. There is hereby created a Council on Law
66	63		Enforcement Education and Training which shall be, and is hereby
67	64		declared to be, a governmental law enforcement agency of the State
68	65		of Oklahoma, body politic and corporate, with powers of government
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97	93		functions necessary to ensure the professional training and
98	94		continuing education of law enforcement officers in this state.
99	95		These rights, privileges and functions include, but are not limited
100	96		to, those specified in Sections 3311 through 3311.15 of this title
101	97		and in the Oklahoma Security Guard and Private Investigator Act and
102	98		the Bail Enforcement and Licensing Act. The Council shall be
103	99		authorized to require agency employees and the employees of agency
104	100		contractors in positions to have access to Oklahoma Peace Officer
105	101		records, Oklahoma Security Guard and Private Investigator records,
106	102		Bail Enforcement and Licensing Act records, to be subject to a
107	103		criminal history search by the Oklahoma State Bureau of
108	104		Investigation, as well as be fingerprinted for submission of the
109	105		fingerprints through the Oklahoma State Bureau of Investigation to
110	106		the Federal Bureau of Investigation for a national criminal history
111	107		check. The Council shall be the recipient of the results of the
112	108		record check. In accordance with Section 150.9 of Title 74 of the
113	109		Oklahoma Statutes, this includes a national criminal record with a
114	110		finger print analysis. The Council shall be composed of thi rteen
115	111		(13) members as follows:
116	112		1. The Commissioner of the Department of Public Safety, or
117	113		designee;
118	114		2. The Director of the Oklahoma State Bureau of Narcotics and
119	115		Dangerous Drugs Control, or designee;
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121		-	SB91 HFLR Page 3
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147	142		3. The Director of the Oklahoma State Bureau of Inves tigation,
148	143		or designee;
149	144		4. One member appointed by the Governor who shall be a law
150	145		enforcement administrator representing a tribal law enforcement
151	146		agency;
152	147		5. One member appointed by the Governor who shall be a chief of
153	148		police of a municipality with a popu lation over one hundred thousand
154	149		(100,000), as determined by the latest Federal Decennial Census;
155	150		6. One member appointed by the Board of Directors of the
156	151		Oklahoma Sheriffs' Association who shall be a sheriff of a county
157	152		with a population under twenty -five thousand (25,000), as determined
158	153		by the latest Federal Decennial Census;
159	154		7. One member appointed by the Oklahoma Association of Chiefs
160	155		of Police who shall be a chief of police representing a municipality
161	156		with a population over ten thousand (10,000), as determined by the
162	157		latest Federal Decennial Census;
163	158		8. One member shall be appointed by the Board of Directors of
164	159		the Oklahoma Sheriffs ' Association who shall be a sheriff of a
165	160		county with a population of twenty -five thousand (25,000) or more,
166	161		as determined by the latest Federal Decennial Census;
167	162		9. One member appointed by the Board of Directors of the
168	163		Fraternal Order of Police who shall have experience as a training
169	164		officer;
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171		-	SB91 HFLR Page 4
172		-	BOLD FACE denotes Committee Amendments. 1
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197	191		10. One member appointed by the Chancellor of Higher Education
198	192		who shall be a representative of East Central University;
199	193		11. One member appointed by the Board of Directors of the
200	194		Oklahoma Sheriffs and Peace Officers Association who shall be a
201	195		full-time law enforcement officer in good standing with CLEET within
202	196		a county with a populat ion under fifty thousand (50,000);
203	197		12. The President Pro Tempore of the Oklahoma State Senate
204	198		shall appoint one member from a list of three or more nominees
205	199		submitted by a statewide organization representing cities and towns
206	200		that is exempt from taxation u nder federal law and designated
207	201		pursuant to the provisions of the Internal Revenue Code, 26 U.S.C.,
208	202		Section 170(a); and
209	203		13. The Speaker of the Oklahoma House of Representatives shall
210	204		appoint one member from a list of three or more nominees submitted
211	205		by an organization that assists in the establishment of
212	206		accreditation standards and training programs for law enforcement
213	207		agencies throughout this state.
214	208		The Executive Director selected by the Council shall be an ex
215	209		officio member of the Council and shall act a s Secretary. The
216	210		Council on Law Enforcement Education and Training shall select a
217	211		chair and vice-chair from among its members. Members of the Council
218	212		on Law Enforcement Education and Training shall not receive a salary
219	213		for duties performed as members of the Council, but shall be
220	214		reimbursed for their actual and necessary expenses incurred in the
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222		-	SB91 HFLR Page 5
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248	241		performance of Council duties pursuant to the provisions of the
249	242		State Travel Reimbursement Act.
250	243		B. The Council on Law Enforcement Education and Training is
251	244		hereby authorized and directed to:
252	245		1. Appoint a larger Advisory Council to discuss problems and
253	246		hear recommendations concerning necessary research, minimum
254	247		standards, educational needs, and other matters imperative to
255	248		upgrading Oklahoma law enforcement to profe ssional status;
256	249		2. Promulgate rules with respect to such matters as
257	250		certification, revocation, suspension, withdrawal and reinstatement
258	251		of certification, minimum courses of study, testing and test scores,
259	252		attendance requirements, equipment and facilities, minimum
260	253		qualifications for instructors, minimum standards for basic and
261	254		advanced in-service courses, and seminars for Oklahoma police and
262	255		peace officers;
263	256		3. Authorize research, basic and advanced courses, and seminars
264	257		to assist in program planning direct ly and through subcommittees;
265	258		4. Authorize additional staff and services necessary for
266	259		program expansion;
267	260		5. Recommend legislation necessary to upgrade Oklahoma law
268	261		enforcement to professional status;
269	262		6. Establish policies and regulations concerning the number,
270	263		geographic and police unit distribution, and admission requirements
271	264		of those receiving tuition or scholarship aid available through the
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273		-	SB91 HFLR Page 6
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299	291		Council. Such waiver of costs shall be limited to duly appointed
300	292		members of legally constituted local, county, and state law
301	293		enforcement agencies on the basis of educational and financial need;
302	294		7. Appoint an Executive Director . The law enforcement agency
303	295		shall be under the control of an executive officer to be known as
304	296		the Council on Law Enforcement Education an d Training Executive
305	297		Director, who shall direct the staff, inform the Council of
306	298		compliance with the provisions of this section , and perform such
307	299		other duties imposed on the Council by law. An Executive Director
308	300		appointed by the Council must qualify for the position shall be a
309	301		professional law enforcement officer with a bachelor or higher
310	302		degree in law enforcement from an accredited college or university,
311	303		or a bachelor or higher degree in a law -enforcement-related subject
312	304		area, and a minimum of ten (10) ye ars of experience in the field of
313	305		law enforcement as a supervisor or a minimum of five (5) years of
314	306		active law enforcement experience including, but not limited to,
315	307		responsibility for enforcement, investigation, administration,
316	308		training, or curriculum impl ementation in the field of law
317	309		enforcement as a supervisor and a graduate of a four -year college
318	310		with a degree in law enforcement administration, law, criminology,
319	311		or a related science .
320	312		The Executive Director of the Council on Law Enforcement
321	313		Education and Training may hire an Assistant Director to perform
322	314		such duties as directed by the Executive Director.
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324		-	SB91 HFLR Page 7
325		-	BOLD FACE denotes Committee Amendments. 1
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350	341		The Executive Director of the Council on Law Enforcement
351	342		Education and Training may commission CLEET staff as peace officers
352	343		for purposes consistent with the duties of CLEET as set out in state
353	344		law. The powers and duties conferred on the Executive Director or
354	345		any staff member appointed by the Executive Director as a peace
355	346		officer shall not limit the powers and duties of other peace
356	347		officers of this state or any political subdivision thereof. The
357	348		Executive Director or any staff member appointed by the Executive
358	349		Director as a peace officer may, upon request, assist any federal,
359	350		state, county or municipal law enforcement agency;
360	351		8. Enter into contracts and agreements for the payment of
361	352		classroom space, food, and lodging expenses as may be necessary for
362	353		law enforcement officers attending any official course of
363	354		instruction approved or conducted by the Council. Such expenses may
364	355		be paid directly to the contrac ting agency or business
365	356		establishment. The food and lodging expenses for each law
366	357		enforcement officer shall not exceed the authorized rates as
367	358		provided for in the State Travel Reimbursement Act; provided,
368	359		however, the Council may provide food and lodging to law enforcement
369	360		officials attending any official course of instruction approved or
370	361		conducted by the Council rather than paying for the provision of
371	362		such food and lodging by an outside contracting agency or business
372	363		establishment;
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374		-	SB91 HFLR Page 8
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400	390		9. a. Certify canine teams, consisting of a dog and a
401	391		handler working together as a team, trained to detect:
402	392		(1) controlled dangerous substances, or
403	393		(2) explosives, explosive materials, explosive
404	394		devices, or materials which could be used to
405	395		construct an explosive device;
406	396		provided, the dog of a certified canine team shall not
407	397		be certified at any time as both a drug dog and a bomb
408	398		dog, and any dog of a certified canine team who has
409	399		been previously certified as either a drug dog or a
410	400		bomb dog shall not be eligible at any time to be
411	401		certified in the other category.
412	402		b. Upon retiring the dog from the service it was
413	403		certified to perform, the law enforcement department
414	404		that handled the dog shall retain possession of the
415	405		dog. The handler shall have first option of adopting
416	406		the dog. If that option is not exercised, the law
417	407		enforcement department shall provide for its adoption.
418	408		Once adopted the dog shall not be placed back into
419	409		active service;
420	410		10. Enter into a lease, loan or other agreement with the
421	411		Oklahoma Development Finance Authority or a local public trust for
422	412		the purpose of facilitating the financing of a new facility for its
423	413		operations and use and pledge, to the extent authorized by law, all
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425		-	SB91 HFLR Page 9
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451	440		or a portion of its receipts of the assessment penalty herein
452	441		referenced for the payment of its obligations under such lease, loan
453	442		or other agreement. It is the intent of the Legislature to increase
454	443		the assessment penalty to such a level or appropriate sufficient
455	444		monies to the Council on Law Enforcement Education and Training to
456	445		make payments on the lease, loan or other agreement for the purpose
457	446		of retiring the bonds to be issued by the Oklahoma Development
458	447		Finance Authority or local public trust. Such lease, loan or other
459	448		agreement and the bonds issued to finance such facilities shall not
460	449		constitute an indebtedness of this state or be backed by the full
461	450		faith and credit of this state, and the lease, loan or other
462	451		agreement and the bonds shall contain a statement to such effect;
463	452		11. Accept gifts, bequests, devises, contributions and grants,
464	453		public or private, of real or personal property;
465	454		12. Appoint an advisory committee composed of representatives
466	455		from security guard and private investigative agencies to advise the
467	456		Council concerning necessary research, minimum standards for
468	457		licensure, education, and other matters related to licensure of
469	458		security guards, security guard agencies, private investigators, and
470	459		private investigative agencies;
471	460		13. Enter into agreements with individuals, educational
472	461		institutions, agencies, and business and tribal enti ties for
473	462		professional services, the use of facilities and supplies, and staff
474	463		overtime costs incurred as a result of the user 's requests to
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476		-	SB91 HFLR Page 10
477		-	BOLD FACE denotes Committee Amendments. 1
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502	490		schedule functions after -hours, on weekends, or anytime such
503	491		requests extend staff beyond its normal capacity, where by
504	492		contracting individuals, educational institutions, agencies, and
505	493		business and tribal entities shall pay a fee to be determined by the
506	494		Council by rule. All fees collected pursuant to facilities usage
507	495		shall be deposited to the credit of the C.L.E.E.T. Tr aining Center
508	496		Revolving Fund created pursuant to Section 3311.6 of this title.
509	497		All other fees collected pursuant to these agreements shall be
510	498		deposited to the credit of the Peace Officer Revolving Fund created
511	499		pursuant to Section 3311.7 of this title. Th e Council is authorized
512	500		to promulgate emergency rules to effectuate the provisions of this
513	501		paragraph;
514	502		14. Promulgate rules to establish a state firearms
515	503		requalification standard for active peace officers and meet any
516	504		requirements imposed on the Council by the federal Law Enforcement
517	505		Officers Safety Act of 2004;
518	506		15. Set minimal criteria relating to qualifications for chief
519	507		of police administrative training pursuant to Section 34 -102 of
520	508		Title 11 of the Oklahoma Statutes, assist in developing a course of
521	509		training for a Police Chief Administrative School, and approve all
522	510		police chief administrative training offered in this state;
523	511		16. Appoint a Curriculum Review Board to be composed of six (6)
524	512		members as follows:
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552	539		a. one member shall be selected by the Chancell or for
553	540		Higher Education, who possesses a background of
554	541		creation and review of curriculum and experience
555	542		teaching criminal justice or law enforcement courses,
556	543		who shall serve an initial term of one (1) year,
557	544		b. one member shall represent a municipal jurisdi ction
558	545		with a population of fifty thousand (50,000) or more
559	546		and who shall be a management -level CLEET-certified
560	547		training officer, who shall serve an initial term of
561	548		two (2) years,
562	549		c. one member shall represent a county jurisdiction with
563	550		a population of fift y thousand (50,000) or more and
564	551		who shall be a management -level CLEET-certified
565	552		training officer, who shall serve an initial term of
566	553		three (3) years,
567	554		d. one member shall represent a municipal jurisdiction
568	555		with a population of less than fifty thousand (50,0 00)
569	556		and who shall be a CLEET-certified training officer,
570	557		who shall serve an initial term of two (2) years,
571	558		e. one member shall represent a county jurisdiction with
572	559		a population of less than fifty thousand (50,000) and
573	560		who shall be a CLEET -certified training officer, who
574	561		shall serve an initial term of one (1) year, and
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576		-	SB91 HFLR Page 12
577		-	BOLD FACE denotes Committee Amendments. 1
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602	588		f. one member selected by the Oklahoma Department of
603	589		Career and Technology, who shall have experience in
604	590		the creation and review of curriculum as well as
605	591		experience in teaching criminal justic e or law
606	592		enforcement courses, who shall serve an initial term
607	593		of three (3) years.
608	594		After the initial terms of office, all members shall be
609	595		appointed to serve three -year terms. Any member may be reappointed
610	596		to serve consecutive terms. Members shall serve w ithout
611	597		compensation, but may be reimbursed for travel expenses pursuant to
612	598		the State Travel Reimbursement Act. The Board shall review and
613	599		establish curriculum for all CLEET academies and training courses
614	600		pursuant to procedures established by the Council o n Law Enforcement
615	601		Education and Training;
616	602		17. Conduct review and verification of any records relating to
617	603		the statutory duties of CLEET;
618	604		18. Receive requested reports including investigative reports,
619	605		court documents, statements, or other applicable inform ation from
620	606		local, county and state agencies and other agencies for use in
621	607		actions where a certification or license issued by CLEET may be
622	608		subject to disciplinary or other actions provided by law;
623	609		19. Summarily suspend a certification of a peace officer,
624	610		without prior notice but otherwise subject to administrative
625	611		proceedings, if CLEET finds that the actions of the certified peace
626	612
627		-	SB91 HFLR Page 13
628		-	BOLD FACE denotes Committee Amendments. 1
	613	+	Req. No. 13556 Page 13 1
629	614		2
630	615		3
631	616		4
632	617		5
633	618		6
634	619		7
635	620		8
636	621		9
637	622		10
638	623		11
639	624		12
640	625		13
641	626		14
642	627		15
643	628		16
644	629		17
645	630		18
646	631		19
647	632		20
648	633		21
649	634		22
650	635		23
651	636		24
652	637
653	638		officer may present a danger to the peace officer, the public, a
654	639		family or household member, or involve a crime against a minor. A
655	640		certified copy of the information or indictment charging such a
656	641		crime shall be considered clear and convincing evidence of the
657	642		charge; and
658	643		20. Approve law enforcement agencies and police departments in
659	644		accordance with the following:
660	645		a. this section applies only to an entity authorized by
661	646		statute or by the Constitution to create a law
662	647		enforcement agency or police department and
663	648		commission, appoint, or employ officers that first
664	649		creates or reactivates an inactive law enforcement
665	650		agency or police departme nt and first begins to
666	651		commission, appoint, or employ officers on or after
667	652		November 1, 2011,
668	653		b. the entity shall submit to CLEET, a minimum of sixty
669	654		(60) days prior to creation of the law enforcement
670	655		agency or police department, information regarding:
671	656		(1) the need for the law enforcement agency or police
672	657		department in the community,
673	658		(2) the funding sources for the law enforcement
674	659		agency or police department, and proof that no
675	660		more than fifty percent (50%) of the funding of
676	661
677		-	SB91 HFLR Page 14
678		-	BOLD FACE denotes Committee Amendments. 1
	662	+	Req. No. 13556 Page 14 1
679	663		2
680	664		3
681	665		4
682	666		5
683	667		6
684	668		7
685	669		8
686	670		9
687	671		10
688	672		11
689	673		12
690	674		13
691	675		14
692	676		15
693	677		16
694	678		17
695	679		18
696	680		19
697	681		20
698	682		21
699	683		22
700	684		23
701	685		24
702	686
703	687		the entity will be derived from ti cket revenue or
704	688		fines,
705	689		(3) the physical resources available to officers,
706	690		(4) the physical facilities that the law enforcement
707	691		agency or police department will operate
708	692		including descriptions of the evidence room,
709	693		dispatch area, restroom facilities, and publ ic
710	694		area,
711	695		(5) law enforcement policies of the law enforcement
712	696		agency or police department including published
713	697		policies on:
714	698		(a) use of force,
715	699		(b) vehicle pursuit,
716	700		(c) mental health,
717	701		(d) professional conduct of officers,
718	702		(e) domestic abuse,
719	703		(f) response to missing persons,
720	704		(g) supervision of part-time officers, and
721	705		(h) impartial policing,
722	706		(6) the administrative structure of the law
723	707		enforcement agency or police department,
724	708		(7) liability insurance, and
725	709		(8) any other information CLEET requires by rule,
726	710
727		-	SB91 HFLR Page 15
728		-	BOLD FACE denotes Committee Amendments. 1
	711	+	Req. No. 13556 Page 15 1
729	712		2
730	713		3
731	714		4
732	715		5
733	716		6
734	717		7
735	718		8
736	719		9
737	720		10
738	721		11
739	722		12
740	723		13
741	724		14
742	725		15
743	726		16
744	727		17
745	728		18
746	729		19
747	730		20
748	731		21
749	732		22
750	733		23
751	734		24
752	735
753	736		c. within sixty (60) days of receiving an entity 's
754	737		request, CLEET will forward to the entity by certified
755	738		mail, return receipt requested, a letter of
756	739		authorization or denial to create a law enforcement
757	740		agency or police department and commission, appoint,
758	741		or employ officers, signed by the Executive Director
759	742		of CLEET, and
760	743		d. in cases of denial, the entity may appeal the decision
761	744		of the Executive Director to the full CLEET Council.
762	745		The Executive Director shall ensure that the final
763	746		report is provided to all members of the Council. The
764	747		Council shall review and make recommendations
765	748		concerning the report at the first meeting of the
766	749		Council to occur after all members of the Council have
767	750		received the report. The Council may, by majority
768	751		vote:
769	752		(1) order additional informati on be provided,
770	753		(2) order confirmation of the opinion of the
771	754		Executive Director, or
772	755		(3) order authorization of the entity.
773	756		C. 1. Payment of any fee provided for in this section may be
774	757		made by a nationally recognized credit or debit card issued to the
775	758		applicant. The Council may publicly post and collect a fee for the
776	759		acceptance of the nationally recognized credit or debit card not to
777	760
778		-	SB91 HFLR Page 16
779		-	BOLD FACE denotes Committee Amendments. 1
	761	+	Req. No. 13556 Page 16 1
780	762		2
781	763		3
782	764		4
783	765		5
784	766		6
785	767		7
786	768		8
787	769		9
788	770		10
789	771		11
790	772		12
791	773		13
792	774		14
793	775		15
794	776		16
795	777		17
796	778		18
797	779		19
798	780		20
799	781		21
800	782		22
801	783		23
802	784		24
803	785
804	786		exceed five percent (5%) of the amount of the payment. For purposes
805	787		of this subsection, "nationally recognized credit card " means any
806	788		instrument or device, whether known as a credit card, credit plate,
807	789		charge plate, or by any other name, issued with or without fee by an
808	790		issuer for the use of the cardholder in obtaining goods, services,
809	791		or anything else of value and which is a ccepted by over one thousand
810	792		merchants in this state. "Debit card" means an identification card
811	793		or device issued to a person by a business organization which
812	794		permits such person to obtain access to or activate a consumer
813	795		banking electronic facility. The Council shall determine which
814	796		nationally recognized credit or debit cards will be accepted as
815	797		payment for fees.
816	798		2. Payment for any fee provided for in this title may be made
817	799		by a business check. The Council may:
818	800		a. add an amount equal to the amount of th e service
819	801		charge incurred, not to exceed three percent (3%) of
820	802		the amount of the check as a service charge for the
821	803		acceptance and verification of the check, or
822	804		b. add an amount of no more than Five Dollars ($5.00) as
823	805		a service charge for the acceptance and verification
824	806		of a check. For purposes of this subsection,
825	807		"business check" shall not mean a money order,
826	808		cashier's check, or bank-certified check.
827	809
828		-	SB91 HFLR Page 17
829		-	BOLD FACE denotes Committee Amendments. 1
	810	+	Req. No. 13556 Page 17 1
830	811		2
831	812		3
832	813		4
833	814		5
834	815		6
835	816		7
836	817		8
837	818		9
838	819		10
839	820		11
840	821		12
841	822		13
842	823		14
843	824		15
844	825		16
845	826		17
846	827		18
847	828		19
848	829		20
849	830		21
850	831		22
851	832		23
852	833		24
853	834
854	835		D. Failure of the Legislature to appropriate necessary funds to
855	836		provide for expenses and operations of the Council on Law
856	837		Enforcement Education and Training shall not invalidate other
857	838		provisions of this section relating to the creation and duties of
858	839		the Council.
859	840		E. 1. No person shall be eligible for employment as a peace
860	841		officer or reserve peace officer unti l the employing law enforcement
861	842		agency has conducted a background investigation of such person
862	843		consisting of the following:
863	844		a. a fingerprint search submitted to the Oklahoma State
864	845		Bureau of Investigation with a return report to the
865	846		submitting agency that s uch person has no felony
866	847		record,
867	848		b. a fingerprint search submitted to the Federal Bureau
868	849		of Investigation with a return report to the
869	850		submitting agency that such person has no felony
870	851		record,
871	852		c. such person has undergone psychological evaluation by
872	853		a psychologist licensed by the State of Oklahoma and
873	854		has been evaluated to be suitable to serve as a peace
874	855		officer in the State of Oklahoma,
875	856		d. the employing agency has verified that such person has
876	857		a high school diploma or a GED equivalency certificate
877	858		as recognized by state law,
878	859
879		-	SB91 HFLR Page 18
880		-	BOLD FACE denotes Committee Amendments. 1
	860	+	Req. No. 13556 Page 18 1
881	861		2
882	862		3
883	863		4
884	864		5
885	865		6
886	866		7
887	867		8
888	868		9
889	869		10
890	870		11
891	871		12
892	872		13
893	873		14
894	874		15
895	875		16
896	876		17
897	877		18
898	878		19
899	879		20
900	880		21
901	881		22
902	882		23
903	883		24
904	884
905	885		e. such person is not participating in a deferred
906	886		sentence agreement for a felony, a crime involving
907	887		moral turpitude or a crime of domestic violence, and
908	888		does not have any criminal charges pending in any
909	889		court in this state, another state , in tribal court or
910	890		pursuant to the United States Code,
911	891		f. such person is not currently subject to an order of
912	892		the Council revoking, suspending, or accepting a
913	893		voluntary surrender of peace officer certification,
914	894		g. such person is not currently undergoing treatment for
915	895		a mental illness, condition or disorder. For purposes
916	896		of this subsection, "currently undergoing treatment
917	897		for mental illness, condition or disorder " means the
918	898		person has been diagnosed by a licensed physician,
919	899		psychologist, or licensed menta l health professional
920	900		as being afflicted with a substantial disorder of
921	901		thought, mood, perception, psychological orientation
922	902		or memory that significantly impairs judgment,
923	903		behavior, capacity to recognize reality, or ability to
924	904		meet the ordinary demands of life and such condition
925	905		continues to exist,
926	906		h. such person is twenty -one (21) years of age.
927	907		Provided, this requirement shall not affect those
928	908
929		-	SB91 HFLR Page 19
930		-	BOLD FACE denotes Committee Amendments. 1
	909	+	Req. No. 13556 Page 19 1
931	910		2
932	911		3
933	912		4
934	913		5
935	914		6
936	915		7
937	916		8
938	917		9
939	918		10
940	919		11
941	920		12
942	921		13
943	922		14
944	923		15
945	924		16
946	925		17
947	926		18
948	927		19
949	928		20
950	929		21
951	930		22
952	931		23
953	932		24
954	933
955	934		persons who are already employed as a police or peace
956	935		officer prior to November 1, 1985, and
957	936		i. such person has provided proof of United States
958	937		citizenship or resident alien status, pursuant to an
959	938		employment eligibility verification form from the
960	939		United States Citizenship and Immigration Services.
961	940		2. To aid the evaluating psychologist in interpreting the test
962	941		results including automated scoring and interpretations, the
963	942		employing agency shall provide the psychologist a statement
964	943		confirming the identity of the individual taking the test as the
965	944		person who is employed or seeking employment as a peace officer of
966	945		the agency and attesting that it administered the psychological
967	946		instrument in accordance with standards within the test document.
968	947		The psychologist shall report to the employing agency the evaluation
969	948		of the assessment instrument and may include any additional
970	949		recommendations to assist the employing agency in determining
971	950		whether to certify to the Council on Law Enforcement Education and
972	951		Training that the person being evaluated is suitable to serve as a
973	952		peace officer in this state. No additional procedures or
974	953		requirements shall be imposed for performance of the psychological
975	954		evaluation. The psychological instrument utilized shall be
976	955		evaluated by a psychologist licensed by the State of Oklahoma, and
977	956		the employing agency shall certify to the Council that the
978	957		evaluation was conducted in accordance with this provision and that
979	958
980		-	SB91 HFLR Page 20
981		-	BOLD FACE denotes Committee Amendments. 1
	959	+	Req. No. 13556 Page 20 1
982	960		2
983	961		3
984	962		4
985	963		5
986	964		6
987	965		7
988	966		8
989	967		9
990	968		10
991	969		11
992	970		12
993	971		13
994	972		14
995	973		15
996	974		16
997	975		17
998	976		18
999	977		19
1000	978		20
1001	979		21
1002	980		22
1003	981		23
1004	982		24
1005	983
1006	984		the employee or applicant is suitable to serve as a peace officer in
1007	985		this state.
1008	986		a. Any person found not to be suitable for employment or
1009	987		certification by the Council shall not be employed,
1010	988		retained in employment as a peace officer, or
1011	989		certified by the Council for at least one (1) year, at
1012	990		which time the employee or applicant may be
1013	991		reevaluated by a psychologist licensed by the State of
1014	992		Oklahoma. This section shall also be applicable to
1015	993		all reserve peace officers in this state.
1016	994		b. Any person who is certified by CLEET and has undergone
1017	995		the psychological evaluation required by this
1018	996		subparagraph and has been found to be suitable as a
1019	997		peace officer shall not be required to be reevaluated
1020	998		for any subsequent employment as a peace officer
1021	999		following retirement or any break in service as a
1022	1000		peace officer, unless such break in service exceeds
1023	1001		five (5) years or the Council determines that a peace
1024	1002		officer may present a danger to himself or herself,
1025	1003		the public, or a family or household member.
1026	1004		c. All persons seeking certification shall have their
1027	1005		name, gender, date of birth, and address of such
1028	1006		person submitted to the Department of Mental Health
1029	1007		and Substance Abuse Services by the Council. The
1030	1008
1031		-	SB91 HFLR Page 21
1032		-	BOLD FACE denotes Committee Amendments. 1
	1009	+	Req. No. 13556 Page 21 1
1033	1010		2
1034	1011		3
1035	1012		4
1036	1013		5
1037	1014		6
1038	1015		7
1039	1016		8
1040	1017		9
1041	1018		10
1042	1019		11
1043	1020		12
1044	1021		13
1045	1022		14
1046	1023		15
1047	1024		16
1048	1025		17
1049	1026		18
1050	1027		19
1051	1028		20
1052	1029		21
1053	1030		22
1054	1031		23
1055	1032		24
1056	1033
1057	1034		Department of Mental Health and Substance Abuse
1058	1035		Services shall respond to the Council within ten (10)
1059	1036		days whether the computerized records of the
1060	1037		Department indicate the applicant has ever been
1061	1038		involuntarily committed to an Oklahoma state mental
1062	1039		institution. In the event tha t the Department of
1063	1040		Mental Health and Substance Abuse Services reports to
1064	1041		the Council that the applicant has been involuntarily
1065	1042		committed, the Council shall immediately inform the
1066	1043		employing agency.
1067	1044		All basic police courses shall include a minimum of four ( 4)
1068	1045		hours of education and training in recognizing and managing a person
1069	1046		appearing to require mental health treatment or services. The
1070	1047		training shall include training in crime and drug prevention, crisis
1071	1048		intervention, youth and family intervention techniqu es, recognizing,
1072	1049		investigating and preventing abuse and exploitation of elderly
1073	1050		persons, mental health issues, and criminal jurisdiction on
1074	1051		Sovereign Indian Land.
1075	1052		Subject to the availability of funding, for full -time salaried
1076	1053		police or peace officers a bas ic police course academy shall consist
1077	1054		of a minimum of six hundred (600) hours.
1078	1055		For reserve deputies a basic reserve academy shall consist of a
1079	1056		minimum of two hundred forty (240) hours.
1080	1057
1081		-	SB91 HFLR Page 22
1082		-	BOLD FACE denotes Committee Amendments. 1
	1058	+	Req. No. 13556 Page 22 1
1083	1059		2
1084	1060		3
1085	1061		4
1086	1062		5
1087	1063		6
1088	1064		7
1089	1065		8
1090	1066		9
1091	1067		10
1092	1068		11
1093	1069		12
1094	1070		13
1095	1071		14
1096	1072		15
1097	1073		16
1098	1074		17
1099	1075		18
1100	1076		19
1101	1077		20
1102	1078		21
1103	1079		22
1104	1080		23
1105	1081		24
1106	1082
1107	1083		3. Beginning January 1, 2018, any reserve peace officer who has
1108	1084		completed the two-hundred-forty-hour reserve peace officer
1109	1085		certification program and who has been in active service in that
1110	1086		capacity for the past six (6) months shall be eligible to attend a
1111	1087		three-hundred-sixty-hour basic full-time training academy to become
1112	1088		certified as a full-time peace or police officer.
1113	1089		4. Every person who has not been certified as a police or peace
1114	1090		officer and is duly appointed or elected as a police or peace
1115	1091		officer shall hold such position on a temporary basis only, and
1116	1092		shall, within six (6) months from the date of appointment or taking
1117	1093		office, qualify as required in this subsection or forfeit such
1118	1094		position. In computing the time for qualification, all service
1119	1095		shall be cumulative from date of first appointment or taking office
1120	1096		as a police or peace officer with any department in this state.
1121	1097		a. The Council may extend the time requirement specified
1122	1098		in this paragraph for good cause as determined by the
1123	1099		Council.
1124	1100		b. A duty is hereby imposed upon the employing agency to
1125	1101		withhold payment of the c ompensation or wage of such
1126	1102		unqualified officer.
1127	1103		c. If the police or peace officer fails to forfeit the
1128	1104		position or the employing agency fails to require the
1129	1105		officer to forfeit the position, the district attorney
1130	1106		shall file the proper action to cause the f orfeiting
1131	1107
1132		-	SB91 HFLR Page 23
1133		-	BOLD FACE denotes Committee Amendments. 1
	1108	+	Req. No. 13556 Page 23 1
1134	1109		2
1135	1110		3
1136	1111		4
1137	1112		5
1138	1113		6
1139	1114		7
1140	1115		8
1141	1116		9
1142	1117		10
1143	1118		11
1144	1119		12
1145	1120		13
1146	1121		14
1147	1122		15
1148	1123		16
1149	1124		17
1150	1125		18
1151	1126		19
1152	1127		20
1153	1128		21
1154	1129		22
1155	1130		23
1156	1131		24
1157	1132
1158	1133		of such position. The district court of the county
1159	1134		where the officer is employed shall have jurisdiction
1160	1135		to hear the case.
1161	1136		5. The Council may certify officers who have completed a course
1162	1137		of study in another state deemed by the Council to meet s tandards
1163	1138		for Oklahoma peace officers providing the officer 's certification in
1164	1139		the other state has not been revoked or voluntarily surrendered and
1165	1140		is not currently under suspension.
1166	1141		6. For purposes of this section, a police or peace officer is
1167	1142		defined as a full-time duly appointed or elected officer who is paid
1168	1143		for working more than twenty -five (25) hours per week and whose
1169	1144		duties are to preserve the public peace, protect life and property,
1170	1145		prevent crime, serve warrants, transport prisoners, and enforce law s
1171	1146		and ordinances of this state, or any political subdivision thereof;
1172	1147		provided, elected sheriffs and their deputies and elected,
1173	1148		appointed, or acting chiefs of police shall meet the requirements of
1174	1149		this subsection within the first six (6) months after assu ming the
1175	1150		duties of the office to which they are elected or appointed or for
1176	1151		which they are an acting chief; provided further, that this section
1177	1152		shall not apply to persons designated by the Director of the
1178	1153		Department of Corrections as peace officers pursuan t to Section 510
1179	1154		of Title 57 of the Oklahoma Statutes.
1180	1155		F. No person shall be certified as a police or peace officer by
1181	1156		the Council or be employed by the state, a county, a city, or any
1182	1157
1183		-	SB91 HFLR Page 24
1184		-	BOLD FACE denotes Committee Amendments. 1
	1158	+	Req. No. 13556 Page 24 1
1185	1159		2
1186	1160		3
1187	1161		4
1188	1162		5
1189	1163		6
1190	1164		7
1191	1165		8
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1208	1182
1209	1183		political subdivision thereof, who is currently subject to an order
1210	1184		of the Council revoking, suspending, or accepting a voluntary
1211	1185		surrender of peace officer certification or who has been convicted
1212	1186		of a felony, a crime involving moral turpitude, or a crime of
1213	1187		domestic violence, unless a full pardon has been granted by the
1214	1188		proper agency; however, any person who has been trained and
1215	1189		certified by the Council on Law Enforcement Education and Training
1216	1190		and is actively employed as a full -time peace officer as of November
1217	1191		1, 1985, shall not be subject to the provisions of this subsect ion
1218	1192		for convictions occurring prior to November 1, 1985.
1219	1193		G. 1. The Council is hereby authorized to provide to any
1220	1194		employing agency the following information regarding a person who is
1221	1195		or has applied for employment as a police or peace officer of such
1222	1196		employing agency:
1223	1197		a. Oklahoma State Bureau of Investigation and Federal
1224	1198		Bureau of Investigation reports,
1225	1199		b. administration of the psychological tests provided for
1226	1200		herein,
1227	1201		c. performance in the course of study or other basis of
1228	1202		certification,
1229	1203		d. previous certifications issued, and
1230	1204		e. any administrative or judicial determination denying
1231	1205		certification.
1232	1206
1233		-	SB91 HFLR Page 25
1234		-	BOLD FACE denotes Committee Amendments. 1
	1207	+	Req. No. 13556 Page 25 1
1235	1208		2
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1258	1231
1259	1232		2. An employing agency shall not be liable in any action
1260	1233		arising out of the release of contents of personnel information
1261	1234		relevant to the qualifications or ability of a person to perform the
1262	1235		duties of a police or peace officer when such information is
1263	1236		released pursuant to written authorization for release of
1264	1237		information signed by such person and is provided to another
1265	1238		employing agency which has employed or has receiv ed an application
1266	1239		for employment from such person.
1267	1240		3. As used in this subsection, "employing agency" means a
1268	1241		political subdivision or law enforcement agency which either has
1269	1242		employed or received an employment application from a person who, if
1270	1243		employed, would be subject to this section.
1271	1244		H. 1. A law enforcement agency employing police or peace
1272	1245		officers in this state shall report the hiring, resignation, or
1273	1246		termination for any reason of a police or peace officer to the
1274	1247		Council within ten (10) days. Failure to comply with the provisions
1275	1248		of this subsection may disqualify a law enforcement agency from
1276	1249		participating in training programs sponsored by the Council. Every
1277	1250		law enforcement agency employing police or peace officers in this
1278	1251		state shall submit to CLEET on or before October 1 of each calendar
1279	1252		year a complete list of all commissioned employees with a current
1280	1253		mailing address and phone number for each such employee. In
1281	1254		addition to the above, CLEET may impose an administrative fine for
1282	1255		violations of this se ction.
1283	1256
1284		-	SB91 HFLR Page 26
1285		-	BOLD FACE denotes Committee Amendments. 1
	1257	+	Req. No. 13556 Page 26 1
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1309	1281
1310	1282		2. A tribal law enforcement agency that has peace officers
1311	1283		commissioned by an Oklahoma law enforcement agency pursuant to a
1312	1284		cross-deputization agreement with the State of Oklahoma or any
1313	1285		political subdivision of the State of Oklahoma pursuant to th e
1314	1286		provisions of Section 1221 of Title 74 of the Oklahoma Statutes
1315	1287		shall report the commissioning, resignation, or termination of
1316	1288		commission for any reason of a cross -deputized tribal police or
1317	1289		peace officer to CLEET within ten (10) days of the commissionin g,
1318	1290		resignation, or termination. Failure to comply with the provisions
1319	1291		of this subsection may disqualify a tribal law enforcement agency
1320	1292		from participating in training programs sponsored by the Council.
1321	1293		I. It is unlawful for any person to willfully make a ny
1322	1294		statement in an application to CLEET knowing the statement is false
1323	1295		or intentionally commit fraud in any application to the Council for
1324	1296		attendance in any CLEET -conducted or CLEET-approved peace officer
1325	1297		academy or Collegiate Officer Program or for the pu rpose of
1326	1298		obtaining peace officer certification or reinstatement. It is
1327	1299		unlawful for any person to willfully submit false or fraudulent
1328	1300		documents relating to continuing education rosters, transcripts or
1329	1301		certificates, or any canine license application. Any person
1330	1302		convicted of a violation of this subsection shall be guilty of a
1331	1303		felony punishable by imprisonment in the Department of Corrections
1332	1304		for a term of not less than two (2) years nor more than five (5)
1333	1305		years, or by a fine not exceeding Two Thousand Doll ars ($2,000.00),
1334	1306
1335		-	SB91 HFLR Page 27
1336		-	BOLD FACE denotes Committee Amendments. 1
	1307	+	Req. No. 13556 Page 27 1
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1359	1330		24
1360	1331
1361	1332		or by both such fine and imprisonment. In addition to the above,
1362	1333		CLEET may impose an administrative fine.
1363	1334		J. 1. A police or peace officer shall be subject to
1364	1335		disciplinary action to include a denial, suspension, revocation or
1365	1336		acceptance of voluntary surrender of peace officer certification
1366	1337		upon a showing of clear and convincing evidence for the following:
1367	1338		a. conviction of a felony or a crime of domestic
1368	1339		violence,
1369	1340		b. conviction of a misdemeanor involving moral turpitude;
1370	1341		provided, if the conviction is a single isolated
1371	1342		incident that occurred more than five (5) years ago
1372	1343		and the Council is satisfied that the person has been
1373	1344		sufficiently rehabilitated, the Council may, in its
1374	1345		discretion, certify such person providing that all
1375	1346		other statutory requirements have been met,
1376	1347		c. a verdict of guilt or entry of a plea of guilty or
1377	1348		nolo contendere or an "Alford" plea or any plea other
1378	1349		than a not guilty plea for a felony offense, a crime
1379	1350		of moral turpitude, or a crime of domestic violence,
1380	1351		d. falsification or a willful misrepresentation of
1381	1352		information in an employment application or
1382	1353		application to the Council on Law Enforcement
1383	1354		Education and Training, records of evidence, or in
1384	1355		testimony under oath,
1385	1356
1386		-	SB91 HFLR Page 28
1387		-	BOLD FACE denotes Committee Amendments. 1
	1357	+	Req. No. 13556 Page 28 1
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1411	1381
1412	1382		e. revocation or voluntary surrender of police or peace
1413	1383		officer certification in another state for a violation
1414	1384		of any law or rule or in settlement of any
1415	1385		disciplinary action in such state,
1416	1386		f. involuntary commitment of a reserve or peace officer
1417	1387		in a mental institution or licensed private mental
1418	1388		health facility for any mental illness, condition or
1419	1389		disorder that is diagnosed by a licensed physician,
1420	1390		psychologist or a licensed mental health professional
1421	1391		as a substantial disorder of thought, mood,
1422	1392		perception, psychological orientation, or memory that
1423	1393		significantly impairs judgment, behavior, capacity to
1424	1394		recognize reality, or ability to meet the ordinary
1425	1395		demands of life. Provided, the peace officer
1426	1396		certification may be reinstated upon the Council
1427	1397		receiving notification of a psychological evaluation
1428	1398		conducted by a licensed physician, psychologist or
1429	1399		licensed mental health professional which attests and
1430	1400		states by affidavit that the officer and the
1431	1401		evaluation test data of the officer have been examined
1432	1402		and that, in the professional opinion of the
1433	1403		physician, psychologist or licensed mental health
1434	1404		professional, the officer is psychologically suitable
1435	1405		to return to duty as a peace officer. Notwithstanding
1436	1406
1437		-	SB91 HFLR Page 29
1438		-	BOLD FACE denotes Committee Amendments. 1
	1407	+	Req. No. 13556 Page 29 1
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1462	1431
1463	1432		any other provision of state law pertaining to
1464	1433		confidentiality of hospital or other medical records,
1465	1434		and as allowable und er federal law, CLEET may subpoena
1466	1435		or request a court to subpoena records necessary to
1467	1436		assure compliance with these provisions. Any
1468	1437		confidential information received by CLEET for such
1469	1438		purpose shall retain its confidential character while
1470	1439		in the possession of CLEET,
1471	1440		g. abuse of office,
1472	1441		h. entry of a final order of protection against applicant
1473	1442		or officer, or
1474	1443		i. any violation of the Oklahoma Private Security
1475	1444		Licensing Act.
1476	1445		2. Disciplinary proceedings shall be commenced by filing a
1477	1446		complaint with the Council on a form approved by the Council. Any
1478	1447		employing agency or other person having information may submit such
1479	1448		information to the Council for consideration as provided in this
1480	1449		subsection.
1481	1450		3. Upon the filing of the complaint, a preliminary
1482	1451		investigation shall be conducted to determine whether:
1483	1452		a. there is reason to believe the person has violated any
1484	1453		provision of this subsection or any other provision of
1485	1454		law or rule, or
1486	1455
1487		-	SB91 HFLR Page 30
1488		-	BOLD FACE denotes Committee Amendments. 1
	1456	+	Req. No. 13556 Page 30 1
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1512	1480
1513	1481		b. there is reason to believe the person has been
1514	1482		convicted of a felony, a crime involving moral
1515	1483		turpitude or a domestic violence offense or is
1516	1484		currently participating in a deferred sentence for
1517	1485		such offenses.
1518	1486		4. When the investigation of a complaint does not find the
1519	1487		person has violated any of the provisions of this subsection, or
1520	1488		finds that the person is sufficiently rehabilitated as provided in
1521	1489		subparagraph b or f of paragraph 1 of this subsection, no
1522	1490		disciplinary action shall be required and the person shall remain
1523	1491		certified as a police or peace officer. When the investigation of a
1524	1492		complaint finds that the person has violated any of the provisions
1525	1493		of this subsection, the matter shall be referred for disciplinary
1526	1494		proceedings. The disciplinary proceedings shall be in accordance
1527	1495		with Articles I and II of the Administrative Procedures Act.
1528	1496		5. The Council shall revoke the certification of any person
1529	1497		upon determining that such person has been convicted of a felony or
1530	1498		a crime involving moral turpitude or a domestic violence offense or
1531	1499		has entered a plea of guilty, or nolo contendere or an "Alford" plea
1532	1500		or any plea other than a not guilty plea for a felony offense, a
1533	1501		crime of moral turpitude or a crime of domestic violence or is the
1534	1502		respondent in a final victim protective order; provided, that if the
1535	1503		conviction has been reversed, vacated or otherwis e invalidated by an
1536	1504		appellate court, such conviction shall not be the basis for
1537	1505
1538		-	SB91 HFLR Page 31
1539		-	BOLD FACE denotes Committee Amendments. 1
	1506	+	Req. No. 13556 Page 31 1
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1563	1530
1564	1531		revocation of certification; provided further, that any person who
1565	1532		has been trained and certified by the Council on Law Enforcement
1566	1533		Education and Training and is actively emplo yed as a full-time peace
1567	1534		officer as of November 1, 1985, shall not be subject to the
1568	1535		provisions of this subsection for convictions occurring prior to
1569	1536		November 1, 1985. The sole issue to be determined at the hearing
1570	1537		shall be whether the person has been con victed of a felony, a crime
1571	1538		involving moral turpitude or a domestic violence offense or is the
1572	1539		named respondent/defendant in a final victim protective order.
1573	1540		6. The Council shall revoke the certification of any person
1574	1541		upon determining that such person has received a deferred sentence
1575	1542		for a felony, a crime involving moral turpitude or a domestic
1576	1543		violence offense.
1577	1544		7. The Council may suspend the certification of any person upon
1578	1545		a determination that such person has been involuntarily committed to
1579	1546		a mental institution or mental health facility for a mental illness,
1580	1547		condition or disorder as provided in subparagraph f of paragraph 1
1581	1548		of this subsection.
1582	1549		8. Every law enforcement agency in this state shall, within
1583	1550		thirty (30) days of a final order of termination or resignation
1584	1551		while under investigation of a CLEET -certified peace officer, report
1585	1552		such order or resignation in writing to the Executive Director of
1586	1553		the Council. Any report, upon receipt by the Council, shall be
1587	1554		considered as personnel records and shall be afforded confidential
1588	1555
1589		-	SB91 HFLR Page 32
1590		-	BOLD FACE denotes Committee Amendments. 1
	1556	+	Req. No. 13556 Page 32 1
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1614	1580
1615	1581		protection pursuant to Sections 24A.7 and 24A.8 of Title 51 of the
1616	1582		Oklahoma Statutes. Any medical or other confidential records
1617	1583		obtained by subpoena pursuant to this subsection shall not be made a
1618	1584		part of such report. The Executive Director shall ensure that the
1619	1585		report is provided to all members of the Council. The Council shall
1620	1586		review and make recommendations concerning the report at the first
1621	1587		meeting of the Council to occur after all members of the Council
1622	1588		have received the repor t. The Council may, by a majority vote,
1623	1589		order the suspension, for a given period of time, or revocation of
1624	1590		the CLEET certification of the peace officer in question if there
1625	1591		are grounds for such actions pursuant to this section and the peace
1626	1592		officer in question has been provided with notice and an opportunity
1627	1593		for a hearing pursuant to the Administrative Procedures Act.
1628	1594		Suspension or revocation of CLEET certification pursuant to this
1629	1595		paragraph shall be reported to the district attorney for the
1630	1596		jurisdiction in which the peace officer was employed, to the
1631	1597		liability insurance company of the law enforcement agency that
1632	1598		employed the peace officer, the chief elected official of the
1633	1599		governing body of the law enforcement agency and the chief law
1634	1600		enforcement officer of the law enforcement agency.
1635	1601		9. For all other violations of this subsection, the hearing
1636	1602		examiner shall take into consideration the severity of the
1637	1603		violation, any mitigating circumstances offered by the person
1638	1604		subject to disciplinary action, and any oth er evidence relevant to
1639	1605
1640		-	SB91 HFLR Page 33
1641		-	BOLD FACE denotes Committee Amendments. 1
	1606	+	Req. No. 13556 Page 33 1
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1665	1630
1666	1631		the person's character to determine the appropriate disciplinary
1667	1632		action.
1668	1633		10. a. A police or peace officer may voluntarily surrender
1669	1634		and relinquish the peace officer certification to
1670	1635		CLEET. Pursuant to such surrender or relinquishme nt,
1671	1636		the person surrendering the certification shall be
1672	1637		prohibited from applying to CLEET for reinstatement
1673	1638		within five (5) years of the date of the surrender or
1674	1639		relinquishment, unless otherwise provided by law for
1675	1640		reinstatement.
1676	1641		b. No person who has had a police or peace officer
1677	1642		certification from another state revoked or
1678	1643		voluntarily surrendered and has not been reinstated by
1679	1644		that state shall be considered for certification by
1680	1645		CLEET.
1681	1646		c. Any person seeking reinstatement of police or peace
1682	1647		officer certification which has been suspended,
1683	1648		revoked, or voluntarily surrendered may apply for
1684	1649		reinstatement pursuant to promulgated CLEET rules
1685	1650		governing reinstatement. Except as provided in this
1686	1651		subsection, any person whose certification has been
1687	1652		revoked, suspended or voluntarily surrendered for any
1688	1653		reason including failure to comply with mandatory
1689	1654		education and training requirements, shall pay a
1690	1655
1691		-	SB91 HFLR Page 34
1692		-	BOLD FACE denotes Committee Amendments. 1
	1656	+	Req. No. 13556 Page 34 1
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1716	1680
1717	1681		reinstatement fee of One Hundred Fifty Dollars
1718	1682		($150.00) to be deposited to the credit of the Peace
1719	1683		Officer Revolving Fund cr eated pursuant to Section
1720	1684		3311.7 of this title.
1721	1685		11. A duty is hereby imposed upon the district attorney who, on
1722	1686		behalf of the State of Oklahoma, prosecutes a person holding police
1723	1687		or peace officer or reserve peace officer certification for a
1724	1688		felony, a crime involving moral turpitude, or a crime of domestic
1725	1689		violence in which a plea of guilty, nolo contendere, or an "Alford"
1726	1690		plea or any other plea other than a not guilty plea or other finding
1727	1691		of guilt is entered by, against or on behalf of a certified police
1728	1692		or peace officer to report such plea, agreement, or other finding of
1729	1693		guilt to the Council on Law Enforcement Education and Training
1730	1694		within ten (10) days of such plea agreement or the finding of guilt.
1731	1695		12. Any person or agency required or authorized to su bmit
1732	1696		information pursuant to this section to the Council shall be immune
1733	1697		from liability arising from the submission of the information as
1734	1698		long as the information was submitted in good faith and without
1735	1699		malice.
1736	1700		13. Any peace officer employed by a law enfor cement agency in
1737	1701		this state which has internal discipline policies and procedures on
1738	1702		file with CLEET shall be exempt from the disciplinary proceedings
1739	1703		and actions provided for in this subsection; provided, however, such
1740	1704		exemption shall not apply if the pea ce officer has been convicted of
1741	1705
1742		-	SB91 HFLR Page 35
1743		-	BOLD FACE denotes Committee Amendments. 1
	1706	+	Req. No. 13556 Page 35 1
1744	1707		2
1745	1708		3
1746	1709		4
1747	1710		5
1748	1711		6
1749	1712		7
1750	1713		8
1751	1714		9
1752	1715		10
1753	1716		11
1754	1717		12
1755	1718		13
1756	1719		14
1757	1720		15
1758	1721		16
1759	1722		17
1760	1723		18
1761	1724		19
1762	1725		20
1763	1726		21
1764	1727		22
1765	1728		23
1766	1729		24
1767	1730
1768	1731		a felony crime, a crime of moral turpitude, or a crime of domestic
1769	1732		violence.
1770	1733		14. All criminal proceedings initiated against a CLEET -
1771	1734		certified peace officer or reserve peace officer shall be reported
1772	1735		by the officer to CLEET immediately after arrest or discovery of the
1773	1736		filing of such criminal proceeding. All CLEET -certified peace
1774	1737		officers and reserve peace officers shall be required to report when
1775	1738		a victim protective order has been issued against the officer
1776	1739		including orders issued on an emergency basis and all final orders
1777	1740		of protection. Failure to give notice pursuant to the provisions of
1778	1741		this paragraph may be cause to initiate an action against the
1779	1742		officer by CLEET.
1780	1743		15. As used in this subsection:
1781	1744		a. "law enforcement agency" means any department or
1782	1745		agency of the state, a county, a municipality, or
1783	1746		political subdivision thereof, with the duties to
1784	1747		maintain public order, make arrests, and enforce the
1785	1748		criminal laws of this state or municipal ordinances,
1786	1749		which employs CLEET-certified personnel,
1787	1750		b. "final order of termination " means a final notice of
1788	1751		dismissal from employment provided after all
1789	1752		grievance, arbitration, and court actions have been
1790	1753		completed, and
1791	1754
1792		-	SB91 HFLR Page 36
1793		-	BOLD FACE denotes Committee Amendments. 1
	1755	+	Req. No. 13556 Page 36 1
1794	1756		2
1795	1757		3
1796	1758		4
1797	1759		5
1798	1760		6
1799	1761		7
1800	1762		8
1801	1763		9
1802	1764		10
1803	1765		11
1804	1766		12
1805	1767		13
1806	1768		14
1807	1769		15
1808	1770		16
1809	1771		17
1810	1772		18
1811	1773		19
1812	1774		20
1813	1775		21
1814	1776		22
1815	1777		23
1816	1778		24
1817	1779
1818	1780		c. "resignation while under investigation " means the
1819	1781		resignation from employment of a peace officer who is
1820	1782		under investigation for any felony violation of law, a
1821	1783		crime of moral turpitude, a crime of domestic
1822	1784		violence, or the resignation from employment of a
1823	1785		peace officer as part of an arbitration or plea
1824	1786		agreement.
1825	1787		K. 1. Every canine team in the state trained to detect
1826	1788		controlled dangerous substances shall be certified, by test, in the
1827	1789		detection of such controlled dangerous substances and shall be
1828	1790		recertified annually so long as the canine is used for such
1829	1791		detection purposes. The certification test and annual
1830	1792		recertification test provisions of this subsection shall not be
1831	1793		applicable to canines that are owned by a law enforcement agency and
1832	1794		that are certified and annually recertified in the detection of
1833	1795		controlled dangerous substances by the United States Customs
1834	1796		Service. No employee of CLEET may be involved in the training or
1835	1797		testing of a canine team.
1836	1798		2. The Council shall appoint a Drug Dog Advisory Council to
1837	1799		make recommendations concerning minimum standards, educationa l
1838	1800		needs, and other matters imperative to the certification of canines
1839	1801		and canine teams trained to detect controlled dangerous substances.
1840	1802		The Council shall promulgate rules based upon the recommendations of
1841	1803		the Advisory Council. Members of the Advisory C ouncil shall
1842	1804
1843		-	SB91 HFLR Page 37
1844		-	BOLD FACE denotes Committee Amendments. 1
	1805	+	Req. No. 13556 Page 37 1
1845	1806		2
1846	1807		3
1847	1808		4
1848	1809		5
1849	1810		6
1850	1811		7
1851	1812		8
1852	1813		9
1853	1814		10
1854	1815		11
1855	1816		12
1856	1817		13
1857	1818		14
1858	1819		15
1859	1820		16
1860	1821		17
1861	1822		18
1862	1823		19
1863	1824		20
1864	1825		21
1865	1826		22
1866	1827		23
1867	1828		24
1868	1829
1869	1830		include, but need not be limited to, a commissioned officer with
1870	1831		practical knowledge of such canines and canine teams from each of
1871	1832		the following:
1872	1833		a. the Oklahoma State Bureau of Narcotics and Dangerous
1873	1834		Drugs Control,
1874	1835		b. the Department of Publi c Safety,
1875	1836		c. a police department,
1876	1837		d. a sheriff's office, and
1877	1838		e. a university or college campus police department.
1878	1839		3. The fee for the certification test shall be Two Hundred
1879	1840		Dollars ($200.00) and the annual recertification test fee shall be
1880	1841		One Hundred Dollars ($100.00) per canine team. A retest fee of
1881	1842		Fifty Dollars ($50.00) will be charged if the team fails the test.
1882	1843		No such fee shall be charged to any local, state or federal
1883	1844		government agency. The fees provided for in this paragraph shall be
1884	1845		deposited to the credit of the CLEET Fund created pursuant to
1885	1846		Section 1313.2 of Title 20 of the Oklahoma Statutes.
1886	1847		L. 1. Every canine team in the state trained to detect
1887	1848		explosives, explosive materials, explosive devices, and materials
1888	1849		which could be used to const ruct an explosive device shall be
1889	1850		certified, by test, in the detection of such explosives and
1890	1851		materials and shall be recertified annually so long as the canine is
1891	1852		used for such detection purposes. The certification test and annual
1892	1853		recertification test pro visions of this subsection shall not be
1893	1854
1894		-	SB91 HFLR Page 38
1895		-	BOLD FACE denotes Committee Amendments. 1
	1855	+	Req. No. 13556 Page 38 1
1896	1856		2
1897	1857		3
1898	1858		4
1899	1859		5
1900	1860		6
1901	1861		7
1902	1862		8
1903	1863		9
1904	1864		10
1905	1865		11
1906	1866		12
1907	1867		13
1908	1868		14
1909	1869		15
1910	1870		16
1911	1871		17
1912	1872		18
1913	1873		19
1914	1874		20
1915	1875		21
1916	1876		22
1917	1877		23
1918	1878		24
1919	1879
1920	1880		applicable to canines that are owned by a law enforcement agency if
1921	1881		such canines are certified and annually recertified in the detection
1922	1882		of explosives and materials by the United States Department of
1923	1883		Defense. No employee of CLEET may be involved in the training or
1924	1884		testing of a canine team.
1925	1885		2. The Council shall appoint a Bomb Dog Advisory Council to
1926	1886		make recommendations concerning minimum standards, educational
1927	1887		needs, and other matters imperative to the certification of canines
1928	1888		and canine teams trained to detect explosives, explosive materials,
1929	1889		explosive devices and materials which could be used to construct an
1930	1890		explosive device. The Council shall promulgate rules based upon the
1931	1891		recommendations of the Advisory Council . Members of the Advisory
1932	1892		Council shall include, but need not be limited to, a commissioned
1933	1893		officer with practical knowledge of such canines and canine teams
1934	1894		from each of the following:
1935	1895		a. the Department of Public Safety,
1936	1896		b. a police department,
1937	1897		c. a sheriff's office, and
1938	1898		d. a university or college campus police department.
1939	1899		3. The fee for the certification test shall be Two Hundred
1940	1900		Dollars ($200.00) and the annual recertification test fee shall be
1941	1901		One Hundred Dollars ($100.00) per canine team. A retest f ee of
1942	1902		Fifty Dollars ($50.00) will be charged if the team fails the test.
1943	1903		No such fee shall be charged to any local, state or federal
1944	1904
1945		-	SB91 HFLR Page 39
1946		-	BOLD FACE denotes Committee Amendments. 1
	1905	+	Req. No. 13556 Page 39 1
1947	1906		2
1948	1907		3
1949	1908		4
1950	1909		5
1951	1910		6
1952	1911		7
1953	1912		8
1954	1913		9
1955	1914		10
1956	1915		11
1957	1916		12
1958	1917		13
1959	1918		14
1960	1919		15
1961	1920		16
1962	1921		17
1963	1922		18
1964	1923		19
1965	1924		20
1966	1925		21
1967	1926		22
1968	1927		23
1969	1928		24
1970	1929
1971	1930		government agency. The fees provided for in this paragraph shall be
1972	1931		deposited to the credit of the CLEET Fund created pur suant to
1973	1932		Section 1313.2 of Title 20 of the Oklahoma Statutes.
1974	1933		M. All tribal police officers of any Indian tribe or nation who
1975	1934		have been commissioned by an Oklahoma law enforcement agency
1976	1935		pursuant to a cross-deputization agreement with the State of
1977	1936		Oklahoma or any political subdivision of the State of Oklahoma
1978	1937		pursuant to the provisions of Section 1221 of Title 74 of the
1979	1938		Oklahoma Statutes shall be eligible for peace officer certification
1980	1939		under the same terms and conditions required of members of the law
1981	1940		enforcement agencies of the State of Oklahoma and its political
1982	1941		subdivisions. CLEET shall issue peace officer certification to
1983	1942		tribal police officers who, as of July 1, 2003, are commissioned by
1984	1943		an Oklahoma law enforcement agency pursuant to a cross -deputization
1985	1944		agreement with the State of Oklahoma or any political subdivision of
1986	1945		the State of Oklahoma pursuant to the provisions of Section 1221 of
1987	1946		Title 74 of the Oklahoma Statutes and have met the training and
1988	1947		qualification requirements of this section.
1989	1948		N. If an employing law enforcement agency in this state has
1990	1949		paid for CLEET training and the salary of a person while that person
1991	1950		is completing in this state a basic police course approved by the
1992	1951		Council and if within one (1) year after the date the person is
1993	1952		commissioned with the law enforcement agency that person resigns and
1994	1953		is hired by another law enforcement agency in this state, the second
1995	1954
1996		-	SB91 HFLR Page 40
1997		-	BOLD FACE denotes Committee Amendments. 1
	1955	+	Req. No. 13556 Page 40 1
1998	1956		2
1999	1957		3
2000	1958		4
2001	1959		5
2002	1960		6
2003	1961		7
2004	1962		8
2005	1963		9
2006	1964		10
2007	1965		11
2008	1966		12
2009	1967		13
2010	1968		14
2011	1969		15
2012	1970		16
2013	1971		17
2014	1972		18
2015	1973		19
2016	1974		20
2017	1975		21
2018	1976		22
2019	1977		23
2020	1978		24
2021	1979
2022	1980		law enforcement agency or the person receiving the training shall
2023	1981		reimburse the original employing law enforcement agenc y for the cost
2024	1982		of CLEET training and salary paid to the person while completing the
2025	1983		basic police course by the original employing law enforcement
2026	1984		agency. If the person leaves the original employing law enforcement
2027	1985		agency later than one (l) year, but less than two (2) years, after
2028	1986		the date the person is commissioned with the law enforcement agency,
2029	1987		the second law enforcement agency or the person receiving the
2030	1988		training shall reimburse the original employing law enforcement
2031	1989		agency fifty percent (50%) of the c ost of CLEET training and salary
2032	1990		paid to the person while completing the basic police course by the
2033	1991		original employing law enforcement agency. CLEET shall not be a
2034	1992		party to any court action based on this provision.
2035	1993		O. The Council on Law Enforcement Educa tion and Training, in
2036	1994		its discretion, may waive all or part of any moneys due to the
2037	1995		Council, if deemed uncollectable by the Council.
2038	1996		P. Peace officers, reserve peace officers, tribal peace
2039	1997		officers, agencies, bail enforcers, security guards and private
2040	1998		investigators shall maintain with the Council current mailing
2041	1999		addresses and shall notify the Council, in writing, of any change of
2042	2000		address or name. Notification of change of name shall require
2043	2001		certified copies of any marriage license or other court documen t
2044	2002		which reflects the change of name. Notice of change of address or
2045	2003		telephone number must be made within ten (10) days of the effected
2046	2004
2047		-	SB91 HFLR Page 41
2048		-	BOLD FACE denotes Committee Amendments. 1
	2005	+	Req. No. 13556 Page 41 1
2049	2006		2
2050	2007		3
2051	2008		4
2052	2009		5
2053	2010		6
2054	2011		7
2055	2012		8
2056	2013		9
2057	2014		10
2058	2015		11
2059	2016		12
2060	2017		13
2061	2018		14
2062	2019		15
2063	2020		16
2064	2021		17
2065	2022		18
2066	2023		19
2067	2024		20
2068	2025		21
2069	2026		22
2070	2027		23
2071	2028		24
2072	2029
2073	2030		change. Notices shall not be accepted over the phone. In any
2074	2031		proceeding in which the Council is required to serve noti ce or an
2075	2032		order on an individual or an agency, the Council may send a letter
2076	2033		to the mailing address on file with the Council. If the letter is
2077	2034		returned and a notation of the U.S. Postal Service indicates
2078	2035		"unclaimed", or "moved", or "refused" or any other nondelivery
2079	2036		markings and the records of the Council indicate that no change of
2080	2037		address as required by this subsection has been received by the
2081	2038		Council, the notice and any subsequent notices or orders shall be
2082	2039		deemed by the Court as having been legally serve d for all purposes.
2083	2040		Q. All CLEET records of bail enforcers may be released only in
2084	2041		compliance with this section and the Bail Enforcement and Licensing
2085	2042		Act. All records in CLEET possession concerning other persons or
2086	2043		entities shall be released only in com pliance with this section and
2087	2044		the Oklahoma Open Records Act.
2088	2045		SECTION 2. It being immediately necessary for the preservation
2089	2046		of the public peace, health or safety, an emergency is hereby
2090	2047		declared to exist, by reason whereof this act shall t ake effect and
2091	2048		be in full force from and after its passage and approval.
2092	2049
2093		-	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
2094		-	04/17/2025 - DO PASS, As Amended.
	2050	+	60-1-13556 JM 04/17/25
	2051	+
	2052	+